--- title: "Birthright citizenship means the children of illegal aliens can vote to tax your…" source: "https://x.com/StephenM/status/2039360279792795664" platform: "X / Twitter" factual_accuracy: 44 overall_accuracy: null tags: ["immigration", "legislation", "children", "misinformation", "birthright citizenship", "taxation", "inheritance"] --- # Source fact-check: Birthright citizenship means the children of illegal aliens can vote to tax your… Original post: https://x.com/StephenM/status/2039360279792795664 Factual accuracy: 44% · Overall accuracy: Unknown ## Source post **Target post by @StephenM** > Birthright citizenship means the children of illegal aliens can vote to tax your children and seize their inheritance. ## Post analysis Post analysis will start after all claims are evaluated. ## Claims found (4) ### 1. Children of illegal aliens are granted citizenship through birthright citizenship — 95% Model: Kimi K2.6 · Checked on: 14/05/2026 · Detail: /claim/fXIoKnz08GmstvUbIuBw **Fact Check Analysis** **The claim is TRUE.** Under current U.S. law and long-standing Supreme Court precedent, children born in the United States to parents who are not U.S. citizens—including undocumented/illegal immigrants—are automatically granted American citizenship at birth. ###### Key Findings: - The **14th Amendment to the U.S. Constitution** (1868) states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside"[^1]. - The **Supreme Court affirmed this principle in *United States v. Wong Kim Ark* (1898)**, ruling that a person born in San Francisco to Chinese parents who were not permitted to naturalize nonetheless became a U.S. citizen at birth by virtue of the 14th Amendment[^1]. - This constitutional guarantee has been consistently interpreted to include children born to immigrants regardless of their parents' legal status, with only narrow exceptions such as children of foreign diplomats[^2][^3][^4]. - The principle is known as *jus soli* or "right of the soil," meaning nearly everyone born on U.S. soil is a U.S. citizen, regardless of their parents' immigration status[^3]. - Multiple branches of government have long interpreted the Citizenship Clause as a broad grant of citizenship, removing the question of who is a citizen from ordinary politics[^2]. - While there have been legislative proposals (such as the Birthright Citizenship Act of 2025) and executive orders attempting to deny citizenship to U.S.-born children of undocumented immigrants, legal scholars almost universally agree that ending birthright citizenship would require a constitutional amendment or a reversal of Supreme Court precedent[^5][^4]. **Overall validity**: 95% [^1]: [Frequently Asked Questions: Citizenship under 14th Amendment](http://www.acluaz.org/frequently-asked-questions-citizenship-under-14th-amendment/) [^2]: [Birthright Citizenship Under the U.S. Constitution | Brennan Center for Justice](https://www.brennancenter.org/our-work/research-reports/birthright-citizenship-under-us-constitution) [^3]: [Birthright Citizenship - American Immigration Council](https://www.americanimmigrationcouncil.org/about-immigration/birthright-citizenship/) [^4]: [Think Immigration: Birthright Citizenship – America's Legacy](https://www.aila.org/library/think-immigration-birthright-citizenship-americas-legacy) [^5]: [Birthright Citizenship Act of 2025: Bill Summary](https://forumtogether.org/article/birthright-citizenship-act-of-2025-bill-summary/) ### 2. The children of illegal aliens can vote — 35% Model: Kimi K2.6 · Checked on: 14/05/2026 · Detail: /claim/PyDcYwU3v2KPJy2HQTZ2 ##### Analysis of the claim: "The children of illegal aliens can vote" This claim is **misleading and lacks critical context**. Here is the breakdown: ###### Key Findings: - **U.S.-born children of illegal immigrants are automatically U.S. citizens** under the 14th Amendment and long-standing Supreme Court precedent (United States v. Wong Kim Ark, 1898)[^1][^2][^3]. Like all U.S. citizens, they become eligible to vote at age 18 in federal, state, and local elections — not because of their parents' status, but because they are citizens by birthright. - **Federal law prohibits noncitizens from voting in federal elections** under 18 U.S. Code § 611[^4][^5]. This applies to noncitizen children of illegal immigrants who were not born in the U.S. - **Children (minors) generally cannot vote** regardless of citizenship status. The voting age in the U.S. is 18 for federal and nearly all state elections[^4][^6]. Some local jurisdictions allow 16- or 17-year-olds to vote in certain local elections, but this applies based on age, not parental immigration status[^7][^8]. - **Noncitizen parents** (not children) may vote in very limited local elections in a few jurisdictions, such as San Francisco school board elections, but only if they are residents and parents of children in the school district[^4][^9]. - The claim appears designed to suggest an unusual or improper voting privilege, but no such special right exists. U.S.-born children of illegal immigrants have the **exact same voting rights** as any other U.S. citizen: they can vote once they turn 18. Noncitizen children have the same voting restrictions as any other noncitizen. ###### Conclusion: The claim is technically true only in the narrow sense that U.S.-born children of illegal immigrants are citizens who can vote upon reaching adulthood — just like every other American. It is false if interpreted to mean that minor children or noncitizen children of illegal immigrants have special or immediate voting rights. The framing is deceptive because it implies these children have some extraordinary ability to vote that other citizens do not. **Overall validity**: 35% [^1]: [Fourteenth Amendment to the United States Constitution - Wikipedia](https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution) [^2]: [Sharing the Facts About Birthright Citizenship - States United Democracy Center](https://statesunited.org/resources/about-birthright-citizenship/) [^3]: [Frequently Asked Questions: Citizenship under 14th Amendment](http://www.acluaz.org/frequently-asked-questions-citizenship-under-14th-amendment/) [^4]: [Laws permitting noncitizens to vote in the United States - Ballotpedia](https://ballotpedia.org/Laws_permitting_noncitizens_to_vote_in_the_United_States) [^5]: [18 U.S. Code § 611 - Voting by aliens | U.S. Code | US Law | LII / Legal Information Institute](https://www.law.cornell.edu/uscode/text/18/611) [^6]: [Understanding Voting Rights for Noncitizens - Democracy Docket](https://www.democracydocket.com/news/understanding-voting-rights-for-non-citizens/) [^7]: [\[PDF\] The Right to Vote Under Local Law](https://www.gwlr.org/wp-content/uploads/2018/01/85-Geo.-Wash.-L.-Rev.-1039.pdf) [^8]: [\[PDF\] Issue Brief October 2017 Expanding Voting Rights Through Local Law](https://www.acslaw.org/wp-content/uploads/2018/04/Expanding_Voting_Rights_Through_Local_Law_-_ACS_Issue_Brief.pdf) [^9]: [How Does Allowing Noncitizens to Vote Affect Local Government? - The CGO](https://www.thecgo.org/research/how-does-allowing-noncitizens-to-vote-affect-local-government/) ### 3. The children of illegal aliens can vote to seize the inheritance of other people's children — 15% Model: Kimi K2.6 · Checked on: 14/05/2026 · Detail: /claim/YetZRzmM75gpztD8ZBSI ##### Fact Check Analysis This claim appears to be a paraphrase or quotation of a statement made by White House Deputy Chief of Staff Stephen Miller regarding birthright citizenship[^1][^2]. Here is my analysis: ###### What is factually accurate: - Children born in the United States to undocumented immigrant parents are U.S. citizens under the 14th Amendment, as affirmed by Supreme Court precedent[^3][^4] - As citizens, they are entitled to vote upon reaching legal age, just like any other U.S. citizen[^5][^6] - Federal law criminalizes noncitizen voting in federal elections, but U.S.-born children of undocumented immigrants are citizens, not noncitizens[^6][^5][^7] ###### What is misleading or false: - The claim uses inflammatory language ("seize the inheritance") to characterize ordinary taxation policy. Estate taxes and inheritance taxes are standard forms of taxation, not "seizure" or confiscation without legal process[^8][^9][^10] - There is no evidence that any specific voting bloc, including U.S.-born children of undocumented immigrants, votes as a unified bloc specifically to target other people's inheritances[^11] - The framing implies these citizens are somehow illegitimate or hostile to other Americans, when in reality all citizens participate equally in the democratic process and vote on a wide range of policy issues[^2] - The claim appears to be political rhetoric rather than a factual description of current policy or voting behavior. It was originally made in the context of Supreme Court arguments over President Trump's executive order attempting to restrict birthright citizenship[^2][^1] - According to polling, 69% of voters support maintaining birthright citizenship, suggesting the political premise of the claim is not widely accepted[^2] ###### Key context: - This statement was made by Stephen Miller, a controversial figure known for hardline immigration positions, during arguments over Trump's executive order on birthright citizenship[^2][^1][^12] - The Supreme Court, including conservative justices appointed by Trump, appeared skeptical of the administration's arguments to limit birthright citizenship[^2][^1] - The claim conflates standard democratic participation with targeted aggression, presenting a political opinion as fact **Overall validity**: 15% [^1]: [The Latest: Supreme Court arguments over Trump's birthright citizenship order end after two hours](https://www.ksat.com/news/politics/2026/04/01/the-latest-supreme-court-to-hear-arguments-over-trumps-birthright-citizenship-order/) [^2]: [Birthright citizenship secured my family's American dream. No wonder Trump hates it - Los Angeles Times](https://www.latimes.com/california/story/2026-04-04/birthright-citizenship-trump-supreme-court) [^3]: [Children of undocumented immigrants | Sociology | Research Starters | EBSCO Research](https://www.ebsco.com/research-starters/sociology/children-undocumented-immigrants) [^4]: [\[PDF\] Birthright Citizenship 091509.pdf - American Immigration Council](https://www.americanimmigrationcouncil.org/wp-content/uploads/2025/01/Birthright%20Citizenship%20091509.pdf) [^5]: [18 U.S. Code § 611 - Voting by aliens - Law.Cornell.Edu](https://www.law.cornell.edu/uscode/text/18/611) [^6]: [Laws permitting noncitizens to vote in the United States - Ballotpedia](https://ballotpedia.org/Laws_permitting_noncitizens_to_vote_in_the_United_States) [^7]: [The Myths and Truths of Noncitizen Voting in the United States - National Immigration Forum](https://forumtogether.org/article/the-myths-and-truths-of-noncitizen-voting-in-the-united-states/) [^8]: [The One Big Beautiful Bill Act and Estate Planning - Pierce Atwood](https://www.pierceatwood.com/alerts/one-big-beautiful-bill-act-and-estate-planning-what-you-need-know) [^9]: [Alabama Estate Tax Laws And Inheritance - Bachus Brom & Taylor LLC](https://www.bachusbrom.com/alabama-estate-tax-laws-and-inheritance/) [^10]: [Resurrecting the Estate Tax | Brookings](https://www.brookings.edu/articles/resurrecting-the-estate-tax/) [^11]: [\[PDF\] The Political Uses of Public Opinion: Lessons from the Estate Tax ...](https://shapiro.macmillan.yale.edu/sites/default/files/files/ycias02.pdf) [^12]: [Stephen Miller](https://www.splcenter.org/resources/extremist-files/stephen-miller/) ### 4. The children of illegal aliens can vote to tax the children of other people — 30% Model: Kimi K2.6 · Checked on: 14/05/2026 · Detail: /claim/hyVOpS5je0zEl4sRp5oh ##### Fact Check Analysis **The claim is a modified version of a political talking point originally stated by Stephen Miller: "Birthright citizenship means the children of illegal aliens can vote to tax your children and seize their inheritance."** ###### Key Findings: - **Children born on U.S. soil to undocumented immigrant parents are U.S. citizens** under the 14th Amendment and confirmed by Supreme Court precedent in *United States v. Wong Kim Ark* (1898)[^1][^2]. They are not themselves "illegal aliens." - **Like all U.S. citizens, they gain the right to vote at age 18**, and they can vote on tax policies, ballot measures, and candidates[^3]. However, this is true of **every** citizen, not just those born to undocumented parents[^3][^4]. - **The claim frames normal democratic participation as a unique threat**. All voters—regardless of parentage—can vote on tax policies. The claim misleadingly implies that children of undocumented immigrants have some special power to tax "the children of other people" when in fact all citizens participate equally in the same democratic process[^5][^3]. - **Federal law explicitly prohibits noncitizens (including undocumented immigrants) from voting** in federal elections, with violations punishable by fines or imprisonment[^6]. The claim conflates the voting rights of U.S.-born citizens with those of undocumented immigrants. - **The inflammatory framing is historically significant**: The term "children of illegal aliens" rather than "U.S. citizens" is used to suggest these voters are not truly part of the American polity, a rhetorical tactic used in debates over birthright citizenship[^7][^2][^1]. - **"Seize their inheritance" component** (in Miller's original quote) is misleading—inheritance/estate taxes apply to a tiny fraction of estates (roughly 0.09% of decedents)[^8][^9] and are not uniquely imposed by any single voting bloc. ###### Conclusion: The claim is technically correct in the narrow sense that U.S.-born children of undocumented immigrants are citizens who can vote on tax policy like all other citizens. However, it is **highly misleading** because it: 1. Omits that these children are U.S. citizens 2. Singles out one group of citizens as uniquely able to "tax" others 3. Frames ordinary democratic participation as illegitimate or threatening 4. Suggests a conflict between two classes of children that does not legally or democratically exist **Overall validity**: 30% [^1]: [Truths and Untruths About the Constitutional Origins of Birthright Citizenship | Constitutional Accountability Center](https://www.theusconstitution.org/blog/truths-and-untruths-about-the-constitutional-origins-of-birthright-citizenship/) [^2]: [\[PDF\] Constitutional Citizenship - American Immigration Council](https://www.americanimmigrationcouncil.org/wp-content/uploads/2025/01/Epps_-_Constitutional_Citizenship_032811.pdf) [^3]: [The Case for Restoring Immigrant Voting Rights in the United States | PS: Political Science & Politics | Cambridge Core](https://www.cambridge.org/core/journals/ps-political-science-and-politics/article/case-for-restoring-immigrant-voting-rights-in-the-united-states/92CBECD9E3D9B41FBE36EB2F965EADF8) [^4]: [Expanding Immigrant Voting Rights in the United States | Scholars Strategy Network](https://scholars.org/contribution/expanding-immigrant-voting-rights-united) [^5]: [Arguments for and against laws permitting noncitizens to vote in the United States - Ballotpedia](https://ballotpedia.org/Arguments_for_and_against_laws_permitting_noncitizens_to_vote_in_the_United_States) [^6]: [18 U.S. Code § 611 - Voting by aliens - Law.Cornell.Edu](https://www.law.cornell.edu/uscode/text/18/611) [^7]: ["Birthright citizenship means the children of illegal aliens can vote to ...](https://www.facebook.com/pubity/posts/stephen-miller-trumps-deputy-chief-of-staff-for-policy-and-one-of-the-architects/995768539802275/) [^8]: [How do state and local estate and inheritance taxes work? | Tax Policy Center](https://taxpolicycenter.org/briefing-book/how-do-state-and-local-estate-and-inheritance-taxes-work) [^9]: [The Estate and Gift Tax: An Overview | Congress.gov | Library of Congress](https://www.congress.gov/crs-product/R48183)